NCGNE1325_Approval Ltr Delhaize America DC9_20190214

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
Sean M. Sullivan
Troutman Sanders LLP
305 Church at North Hills Street, Suite 1200
Raleigh, NC 27609-2669
Subject: No -Exposure Certification
NCGNE 1325
Delhaize America DC-9
Granville County
Dear Mr. Sullivan:
NORTH CAROLINA
Environmental Quality
February 14, 2019
The Division has reviewed and approved your application for No Exposure Certification for Exclusion for
Delhaize America Distribution LLC's facility located at 1703 East D Street, Butner NC.
Please note that by our acceptance of the No Exposure Certification you are obligated to maintain no -
exposure conditions at your facility. If conditions change such that your facility can no longer qualify for
the no exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your
stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted
discharge.
Annual re -certification is required. Please access the following website location for the form:
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater .
Your certification of No exposure does not affect your facility's legal requirements to obtain
environmental permits that may be required under other federal, state, or local regulations or ordinances.
If you have questions about this matter, please contact Annette Lucas at 919-707-3639, or the Stormwater
staff in our Raleigh Regional Office at 919-791-4200.
Sincerely,
for S. Daniel Smith jJ
Interim Director
cc: Raleigh Regional Office — T. Valentine
Stormwater Permitting Program
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
(:M NORTH OI.INA -
D" of m Waft/� 919.707.9200

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Division of Energy, Mineral and Land Resources
Land Quality Section — Stormwater Permitting
National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGNE0000
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G N E
1) Has the facility name or owner changed? ❑ Yes ❑ No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
hftp://deo nc gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater permits/npdes
industrial-sw )
2) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or equipment, and areas whore ❑ Yes ❑ No
residuals from using, storing or cleaning industrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ❑ No
c. Materials or products from past industrial activity ❑ Yes ❑ No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ❑ No
e. Materials or products during loading/unloading or transporting activities ❑ Yes ❑ No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ❑ No
use [e.g., new cars] where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, ❑ Yes ❑ No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained ❑ Yes ❑ No
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., ❑ Yes ❑ No
dumpsters])
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ❑ No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents ❑ Yes ❑ No
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes ❑ No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
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SWU-NESR-Way2016

NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ❑ No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, ❑Yes❑ No ❑
or deterioration, or evidence of leaks? N/A
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑Yes❑ No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked N/A
shut?
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Is secondary containment provided for all single above ground storage ❑Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660- N/A
gallons?
b. Is secondary containment provided for above ground storage containers stored ❑Yes❑ No
in close proximity to each other with a combined capacity of more than 1,320- N/A
gallons?
c;. Is secondary cunlaininent provided for Title III Section 3,13 Superrund Yes[] No ❑
Amendments and Reauthorization Act (SARA) water priority chemicals*? N/A
d. Is secondary containment provided for hazardous substances** designated in ❑Yes No ❑
40 CFR §116? N/A
e. Are release valves on all secondary containment structures locked? ❑Yes❑ No ❑
N/A
Footnotes to Questions 4) c. & d.
*Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions
from reporting requirements of Title III SARA 313 in 40 CFR §372.38.
**Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117.3.
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside?
b. Does your facility have coal piles on site?
c. Does your facility store other fuel sources outside in piles, such as wood chips,
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g.,
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality
Permit? Please specify:
®Yes
❑No
F]Yes
❑ No
Yes
❑No
Yes
❑ No
Yes❑ No®
N/A
Page 2 of 3
SWU-NESR-3May2016

NCGNE0000 No Exposure Self Re -Certification
6) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMLR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, I certify under penalty of
law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing:
Title:
(Signature)
(Date Signed)
Please note: The Regional Office may inspect your facility at anytime in the future for compliance
with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
Page 3 of 3
SWU-NESR-3May2016